Arizona House bill by Rep. Hernandez mandates free expression policies at public colleges

Passed bill authored by State Rep. Alma Hernandez seeks to ensure intellectual freedom at Arizona public colleges by mandating free expression policies and establishing rules for campus encampments and related enforcement, according to the Arizona State House.

It passed both chambers as of April 30, clearing the House by a vote of 41-17 and the Senate by a vote of 18-10.

The bill, introduced as HB2880 on Feb. 11, during the first regular session of the 57th Legislature, was formally listed with the short title: ‘unauthorized encampments; higher education institutions’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Arizona Revised Statutes to mandate the Arizona Board of Regents and community college district governing boards establish a free expression policy ensuring intellectual freedom at higher education institutions. It emphasizes that universities should not shield individuals from First Amendment-protected speech, even if such speech is controversial. The bill outlines disciplinary procedures for students infringing on others’ rights to expressive activities. Additionally, it prohibits unauthorized encampments on campus, requiring institutions to dismantle such encampments and remove trespassers, with violators subject to criminal charges, property damage liabilities, and campus exclusion. Law enforcement and campus security are empowered to enforce these provisions. The bill also defines “encampment” as temporary shelters used for overnight stays on campus.

In the House, 13 Democrats and 28 Republicans voted in favor while 13 Democrats and four Republicans opposed it.

Meanwhile, in the Senate, three Democrats and 15 Republicans voted in favor while nine Democrats and one Republican voted against it.

Hernandez introduced the bill in the Arizona House on Feb. 11 during the first regular session of the 57th Legislature.

The bill was co-sponsored by Michael Carbone (Republican-25th District), and Matt Gress (Republican-4th District), and Consuelo Hernandez (Democrat-21st District), along with five others.

Hernandez graduated from the University of Arizona in 2015 with a BS and again in 2025 from Sandra Day O’Connor College of Law with a JD.

Hernandez, a Democrat, was elected to the Arizona State House in 2023 to represent the state’s 20th House District, replacing previous state representative Shawnna Bolick.

The bill was signed into law by Gov. Katie Hobbs on May 7.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.